HOW TO REQUEST A TAKE-DOWN NOTICE
Note: you can also request a Take-down Notice here.
If you have discovered content on one of ISPA’s member’s network that you believe is unlawful, you are welcome to send a take-down notification to ISPA, requesting that the material concerned be removed. This request must be made in writing and can be hand-delivered, posted, faxed or emailed. (We prefer email.) While you are welcome to phone ISPA with queries, we cannot process take-down requests made telephonically.
| Email Address: | takedown (at) ispa.org.za |
| Fax number | 086.606.4066 |
| Postal address | PO Box 518, Noordwyk, 1687 |
| Phone number | (queries only) 010 500 1200 |
There are a number of specific requirements for a take-down notification set out in the legislation. If your notification does not include all of this information, ISPA will not be able to process it. Your take-down request must include the following:
- Your full name
- Your address
- Your telephone number
- Your email address (if you have one)
- The name of the service provider against whom you are making the complaint
- A clear and unambiguous identification of the unlawful material or activity (for example, the URL of web page on which the material appears with optional screenshot)
- A description of the right that you believe has been infringed by the material or activity concerned (for example, “my right to privacy is being infringed by the publication of my credit card number”)
- The remedial action you wish the service provider to take (for example, “the credit card number should be removed”)
- A statement that the information in your complaint is, to your knowledge, true and correct and that you are acting in good faith.
- Your signature (either written or electronic)
Important note: In terms of section 77(2) of the Electronic Communications and Transactions Act, any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for wrongful take-down.
Here is an example of a take-down notification which contains all of the required information:
Dear ISPA,
I have discovered that my personal contact infomation, identification details, and credit card number is publicly listed on a website hosted by an ISPA member. The ISPA member is [Member Name] and the location of my personal information and banking details is [URL, optional screenshot included]. I believe that the content located on this site infringes on my right to privacy, and request that access to the file immediately be blocked.
My contact details are as follows:
– John Smith
– 32 Willowdale Close,
Bramlinghaven, Johannesburg
– Tel: 085 555 1234
– Email: johnsmith@example.com
The information contained in this take-down request is, to the best of my knowledge, true and correct and I am acting in good faith.Regards,
John Smith [Digital signature attached]
Note: you can also request a Take-down Notice here.
Upon receipt of your take-down request, ISPA will confirm that all of the required information is included. We will also check that the content you are referring to is hosted on that organisation’s network, and that the remedial action you have requested is feasible. If, for some reason, your request fails one of these tests, you will be notified of the reason. If the requests passes these tests, it will be forwarded on to the service provider in question, and you will receive a reply acknowledging receipt of your take-down request. You should get a response from ISPA within three working days. Should you not receieve some form of response to your notification within three working days, please contact complaints (at) ispa.org.za or call ISPA at the phone number listed above.
Once a service provider has responded to the notification, either by removing the content concerned, or by refusing to remove the content for some reason, you will receive a further notification from ISPA. (You may also receive correspondence directly from the service provider concerned.) Should you not receive this further notification within seven days of your original complaint, please contact complaints (at) ispa.org.dot.za or call ISPA at the phone number listed above.
Internet Service Providers’ Association (ISPA)
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
Email: complaints@ispa.org.za